Against the United States. the Arrangements Were Made in Conference Between G-1 and the Direcotr of the R.R.& C
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LUXEMBOURG AGREEMENT On April 21, 1921, there was completed a contract whereby the Grand Duchy of Luxembourg, for a specified sum, agreed to settle all claims of whatever nature that remained outstanding against the United States. The arrangements were made in conference between G-1 and the Direcotr of the R.R.& C. Service on one side and representatives of Luxembourg on the other. The contract was signed for the United States by the Judge Advocate of the A.F.G., who acted for the Commanding General, and by the Minister- President of the Grand Duchy for Luxembourg.1 ' The contract was, in part, as follows: Luxembourg hereby substitutes itself for the United States in reference to and guarantees the latter against all claims, demands, obligations, rights, actions, suits and controversies, of every kind and nature, arising in Luxembourg during the period stipulated in this agreement, which it, the said Duchy of Luxembourg, or any inhabitant, or any person subject to the sovereignty of Luxembourg, or any organization, association or corporation, commune or department of Luxembourg, may now have or which may hereafter accrue for damage to, use or loss of property, or injuries to or death of persons, caused by or resulting from acts, or omissions, of members of the said American Military Forces, or of any one connected therewith, during the period embraced in this agreement, whether the same are listed below or not, but with particular reference to the following: (a) All claims which the United States is authorized to pay to the inhabitants of Luxembourg, known more explicitly as "private claims".- (b) All claims for the use and occupation of railroads, cars, tracks, and for transportation of troops, supplies, and material. (c) All claims commonly called "Commune Claims" for damages to boundary roads, highways, waterways, etc.. (d) All claims of the Department of Highways-,: Public Works; and Finance, Luxembourg, for damages to highways and public works. (e) All claims.for billets and offices and like accomodations, in accordance with the agreement as to payment hereinbefore mentioned. The specifying of the particular claims in sub-paragraphs (a) to (e), both inclusive, shall not be construed to exclude any 1 The three American officers were decorated by the Luxembourg Government. - 144 - other claims described in Article I above, but to the contrary, the intention of this agreement is to protect and hold harmless the United States against all claims of every kind and descrip- tion, whether the same be contractual or tortuous, arising or growing out of any acts of negligence on the part of any of its said Forces in Luxembourg during said period. The United States agrees to pay Luxembourg 2,518,381.17 Luxembourg francs, or the equivalent in French francs, upon the signing of this agreement. OFFICERS The R. R. and C. Service operated under the supervision and control of 0-1. The following officers served, respectively, as R. R. and C. Officer, A. F. G., during 1920 and 1921: Major John B. Wogan, C.A.C., Major C.M.S. Skene, C.A.C., Captain Charles C. Bodeker, Inf., Captain Stephen Mabon, F.A. (Assistant) The following officers were among those who served as Zone and Town Majors or as Investigating Officers for the Army Appraisal Board: Major C. N. Feamster, Inf., MaJor William Fiske, Inf., Captain F. M. Distlehorst, Inf., Captain W. H. Donaldson, C.A.C., Captain H. C. Fellows, Cav., Captain T. F. Fieker, Inf., Captain H. M. Herff, Inf., Captain M. A. S. Ming, F.A., Captain H. W. Schwartz, Inf., Captain L. J. Vogel, F.A., Captain 0. K. Wolber, Inf., lst Lieut. L. M.Hanna, C.A.C. MISCELLANEOUS. The change in the policy governing requisitions and rentals, which was made in December 1920 at the request of the German Government, is shown in the following General 'Orders: 1145 HEADQUARTERS AMERICAN FORCES IN GERMANY COBLENZ, GERMANY 2 December 1920. GENERAL ORDERS NO. 104 BILLETS AND REQUISITIONS O' SUPPLIES AND PROPERTY, UNDER R. R. AND C. SERVICE. On and after 1 December, 1920, the payment of rentals of all billets and requisitioned real property will be made by the Central German Government, acting through the German Billeting Commission, whose appointment has been approved by these Head- quarters. After 1 December, 1920, no further requisitions for the use of real property will be made by the R.R. & C. Service. All property formerly obtained on requisition by this Service will ncw be obtained by the German Billeting Commission. The use of War Department Voucher 330 and Field Form No. 1 will be dis- continued. When it is desired to have real, property requisitioned, a letter in quadruplicate will be forwarded to the R. R. & C. Officer, these Headquarters, by the Town Major concerned. The following is an example of the form letter to be used: "File No. Place (To be entered at Hqrs.R.R.& C.) Date It is desired that the German Government requisition with- out delay for the exclusive use as quarters for a commissioned (non-commissioned or I.A.R.R.C.) officer and family of the American Forces: Three rooms,- Joint use of kitchen and bath, in the House at No. 40 Hochstrasse, Coblenz, the property of Herr Rolf A. Schmidt, including maintenance and upkeep, the necessary equip- ment and the necessary amount of heat, light and water. Occupancy to begin on (date) Approved: Town Major R.R.& C. Officer, A.F.G. let Ind. R.R.& C. Office, Headquarters, American Forces in Germany, 2 December 1920. To: The President of the German Billeting Commission ..... - 146 - - 146 - The quadruplicate copy of this letter will be returned to the Town Major after it has been approved and the R. R. & C. file number entered. Conforming to the above change, parts I, II and III of Instructions for the R. R. & C. Service, dated 17 September, 1919, are revoked and the following substituted therefor: I. GENERAL. 1. LQcal troop commanders will conduct all their business with the German authorities for requisitions, billets, etc., through the local representative of the R. R. & C. Service. :The latter will avoid as far as possible dealing directly with the local inhabitants. This, however, will not apply in the case of claim investigations when local inhabitants have to be questioned in order that evidence may be obtained. 2. The local R. R. & C. representatives are charged with the following: (a) Making arrangements for billets. (b) Mlking arrangements for the requisitioning by the Germans of all real property, supplies and: services, when request has been made for same and approved by proper authority. (c) Facilitating the settlement of all claims or demands of the Germans arising from the occupation of their area by American Troops. 3. A Zone Major has been appointed for each brigade in the American occupied territory. A Town MaJor, or Acting Town MaJor, will be appointed in each town, village or Gemeinde in which troops are billeted. 4. All correspondence between the R. R. & C. Office, Headquarters, American Forces in Germany, and the Town or Acting Town Major will be through the Office of the Zone Major - except in the case of the Town Major of Coblenz. ,5. Instructions contained in this memorandum for Zone Majors and Town Majors apply equally to Acting Zone Majors and Acting Town MaJors. II. BILLETING. 1. The Town Major will call upon the Burgermeister for a list showing the town's billeting facilities, and he will keep a complete and accurate list of all such accomodations, showing for each building its capacity for officers, men, offices, storerooms, animals and other needs to be anticipated. - 147 - 2. The Town MaJor will keep a record of billets and the organizations which occupy them at different periods, to be used in adJusting claims submitted after the units have left the area. 3. The commanding officer of the troops is responsible for the location, maintenance and operation of suitable latrines i baths, water, washing and incinerating facilities. He will arrange for the disposal of refuse, for fire pro- tection and for-traffic regulations whenever necessary. He will consult with the Town Major in making arrangements in this and similar matters. He will establish directory signs at all points of the village where they will be advantageous. 4. Billets will not be changed without the authority of the commanding officer. Troops will not occupy billets not assigned to them. Changes in the personnel of an organ- ization which effect billeting will be reported at once to the Town Major. This provision is absolutely essential in order that proper record may be kept of the amount due each householder for billeting services rendered. 5. As the damage or destruction of private property by troops is usually the basis of subsequent claims, troops will be cautioned in this respect. There will be no molestation of inhabitants, and no entering of private premises, except those assigned as billets. When property is in a damaged condition prior to its use by the troops, this will be noted by the Town Major to prevent the subsequent allowance of improper claims. 6. The Town Major upon request, and in the manner described below, will:provide dining rooms and kitchens for officers' messes. -Services end supplies paid for by the troops will be covered by private agreement. 7. Troops billeted or quartered among the inhabitants or in localities used as domiciles have a right to lighting, heating and a supply of water in common with the inhabitants. Method of Payment. 8. At the end of each calendar month, or at the end of a period of occupancy in the case of a shorter stay, each Town Major will prepare a billeting distribution list showing the total number of billets for officers, enlisted men, animals, etc., furnished by the Town and for what period they were furnished.